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Class Action
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April 15, 2025
No Appeal For Green Energy Co. CEO In $40M Investor Suit
The CEO of a company purportedly funded by a green energy outfit can't appeal a judge's determination in a proposed investor class action that found the executive is subject to the Tennessee federal court's jurisdiction, saying he failed to meet the requirements for such an appeal.
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April 15, 2025
PepsiCo Sued Over Workers' Unpaid COVID Screenings
A former machine operator is suing PepsiCo Inc. in Illinois federal court for wage theft, claiming he and others were never paid for the time they spent going through the company's mandatory COVID-19 safety processing that was conducted before each shift.
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April 15, 2025
Apple Challenges PFAS Claims In Watch Band Lawsuit
Apple has urged a California federal judge to toss a proposed class action claiming its smartwatch bands contain toxic chemicals, arguing the suit relies on speculative "barebones" testing data and fails to show its products actually contain harmful substances.
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April 15, 2025
DC Asks Judge To Narrow Nursing Home Ruling
The District of Columbia urged a D.C. federal judge on Tuesday to narrow an injunction requiring it to do more to help disabled nursing home residents transition into the community, arguing the order reaches beyond the class of plaintiffs and is too vague.
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April 15, 2025
Apple Sued By Wash. IPhone Buyers Over Missing Repair Info
Apple Inc. "deceptively" omits information on its iPhone packaging that's required under Washington state law, including warranty terms and the costs to repair the phone, according to a proposed consumer class action filed in California federal court.
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April 15, 2025
Meta Used Pirated Data To Evaluate Licensing, Authors Say
A group of bestselling authors accusing Meta Platforms of copyright infringement allege the tech company downloaded databases with millions of pirated books not just to train its large language models, called Llama, but also to see whether it could develop them without licensing content, according to a newly unredacted summary judgment motion.
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April 15, 2025
Food Service Co. Can't Escape Tobacco Surcharge Suit
A food service company can't dodge a proposed class action alleging it unlawfully charges tobacco users an additional fee to obtain health insurance, an Illinois federal judge ruled Tuesday, rejecting the company's assertion that federal benefits law doesn't require retroactive reimbursement for completing a cessation program.
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April 15, 2025
Students Get Reprieve While Suing Over Revoked Visa Status
Two foreign-born Carnegie Mellon University students will get more time to challenge the U.S. Department of Homeland Security's deletion of the records they need to legally remain in the country, but a Pennsylvania federal judge stopped short of restoring their legal status Tuesday.
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April 15, 2025
Public Roads, Public Data, Cos. Say Of Drivers' Privacy Claims
General Motors, OnStar and other companies facing multidistrict litigation accusing them of collecting driving data and selling it without user consent have urged a Georgia federal court to dismiss the claims, arguing that driving data is public because driving happens on public roads.
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April 15, 2025
3rd Circ. Won't Restart Claims In Dodge Charger Class
A Third Circuit panel on Tuesday held that it could not revive a lawsuit filed by owners of Dodge Charger Hellcats claiming that the muscle cars fell short of their advertised performance, noting that the lower court did not adequately explain its reasoning in dismissing the bulk of the case.
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April 15, 2025
UBH Can't Nix Class Status In Coverage Guidelines Suit
United Behavioral Health can't unwind class certification in a lawsuit claiming it unlawfully imposed overly restrictive guidelines for coverage of residential mental health treatments, a California federal judge ruled, saying the group's parameters could be adjusted to meet a recent Ninth Circuit standard.
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April 15, 2025
Anthem Strikes Deal To End Mental Health Class Action
Anthem agreed to settle a class action from participants in employee health plans the insurer administered who alleged that coverage denials for inpatient mental health and substance use disorder treatments violated federal benefits and metal health parity laws, the parties told a New York federal court Tuesday.
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April 15, 2025
Judge Blocks DHS From Ending Biden-Era Parole Program
A Massachusetts federal judge temporarily blocked the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela, saying the government's early termination of the parole programs was likely arbitrary and capricious.
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April 15, 2025
Deodorant Maker Hit With Class Claims Over Skin Burns
Edgewell Personal Care Co. is liable for chemical burns and other "painful and irritating skin issues" that users of its Billie brand All Day Deodorant have experienced, a proposed federal class action alleges.
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April 15, 2025
Dunkin' Franchise Owners In Mass. Settle Wage, OT Claims
The owners of more than 60 Dunkin' franchises across the Bay State and a group of current and former store managers are finalizing a settlement of claims that the coffee chain flouted wage laws, according to a filing in Massachusetts federal court.
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April 15, 2025
Chancery Tosses 'Unripe' AES Advance Notice Bylaw Suit
A Delaware vice chancellor tossed a suit against the global utility and power company AES Corp. and its top brass that challenged the company's advance notice bylaw, finding there is no "ripe" controversy or dispute for the court to review.
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April 15, 2025
Roster Limits Stay In Revisions To NCAA's NIL Settlement
In court-ordered revisions to their $2.78 billion antitrust class action settlement, the NCAA and the athlete class added greater protections for athletes entering college throughout the deal's 10-year span, but refused to budge on roster limits opposed by several objectors.
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April 15, 2025
Research Co. Inks $7.15M Deal To End Stock Plan Suit
A genomic research company agreed to pay $7.15 million to resolve a suit claiming it shorted former workers enrolled in an employee stock ownership plan when it required them to sell their shares back to the company, according to filings in Massachusetts federal court.
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April 15, 2025
Wynn Faces Class Action Over Casino Win/Loss Statements
Wynn Resorts is violating a Massachusetts law requiring it to send monthly win/loss statements or adequate notice about how to access them online to gamblers at its Encore Boston Harbor Casino, a proposed class action filed in state court alleges.
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April 15, 2025
Pharma Tech Firm Hit With Class Claims Over Data Breach
Pharmacy technology company CPS Solutions LLC allegedly failed to implement "basic data security practices" like encrypting patient information before a cybercriminal got into its email system in December, according to a new proposed class action filed in Ohio federal court.
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April 14, 2025
Judge Bars Removal Of Colo. Venezuelan Migrants For Now
A Colorado federal judge on Monday temporarily barred the Trump administration from deporting any detained noncitizens in the state who could face deportation under an Alien Enemies Act proclamation seeking to quickly remove alleged Venezuelan gang members.
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April 14, 2025
Giant Eagle Agrees To Settle Ex-Worker's ERISA Suit
Grocery store chain Giant Eagle Inc. has reached a settlement with a former employee resolving a proposed Employee Retirement Income Security Act class action accusing the company of wasting millions of dollars of retirement plan participants' funds, according to a notice filed Monday.
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April 14, 2025
Workers Want Countertop Co. Found Liable For Lapsed Benefits
Participants in a countertop contractor's employee benefit plan urged a Georgia federal court Friday to grant them a partial win in their proposed class action alleging All Concepts LLC, its related home services company and two of its fiduciaries' failure to send premium payments to insurers meant the plans couldn't pay their benefits.
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April 14, 2025
Chinese Fintech Says Investors' IPO Suit Still Misses The Mark
Chinese fintech 9F Inc. pushed back on the third version of a complaint filed by its investors, saying the shareholders still fail to address their lack of standing for its claims that 9F violated securities laws by not disclosing an "illegal arrangement" it allegedly had with an insurance firm.
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April 14, 2025
Chervon Moves Explosive Battery Suit To Ill. Federal Court
Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC were hit with a proposed class action accusing them of selling lithium-ion batteries that overheated and, in some cases, caught fire, according to a complaint removed to Illinois federal court on Friday.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.